[HISTORY: Adopted by the Town Board of the Town of Lloyd
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-2010 by Ord. No. 8-2010]
This article shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on the Planning
Board and the Zoning Board of Appeals in the Town of Lloyd. This article
shall also apply to the attendance records of Planning Board and Zoning
Board of Appeals members in the Town of Lloyd.
It is sometimes difficult to maintain a quorum on the Planning
Board and the Zoning Board of Appeals because members are ill or on
extended vacation or find they have a conflict of interest situation
on a specific matter before such a board. In such instances, official
business cannot be conducted which may delay or impede adherence to
required time lines. The use of alternate members in such instances
is hereby authorized pursuant to the provisions of this article. Establishment
of an attendance policy for Planning Board members and Zoning Board
of Appeals members can decrease the problem of failure of the Board
to act because of a lack of majority.
As used in this article, the following terms shall have the
meanings indicated:
An individual appointed by the Town Board when a regular
member is unable to participate on an application or matter before
the respective board, as provided herein.
An individual appointed by the Town Board to serve on the
Town Planning Board or Zoning Board of Appeals, pursuant to the provisions
of the local law or ordinance which first established such Planning
Board or Zoning Board of Appeals.
The Planning Board of the Town of Lloyd as established by
the Town Board, pursuant to the provisions of § 271 of Town
Law.
The Zoning Board of Appeals of the Town of Lloyd as established
by the Town Board, pursuant to the provisions of § 267 of
the Town Law.
A.
The
Town Board of the Town of Lloyd hereby enacts this article to provide
a process for appointing alternate members of the Planning Board or
the Zoning Board of Appeals. These individuals would serve when members
are absent or unable to participate on an application or matter before
the respective board. The Town Board also enacts this article to provide
attendance criteria for Planning Board and Zoning Board of Appeals
members.
B.
Alternate
members of the Planning Board and Zoning Board of Appeals shall be
appointed by the Town Board or other duly authorized appointing authority
for a term of three years, with the terms to expire on December 31
of the third year after the date of their appointment.
C.
The
chairperson of the Planning Board or the Zoning Board of Appeals may
designate an alternate to substitute for a member when such member
is unable or unwilling to participate on an application or matter
before the board. Reasons the member might not be able to serve and
thus designation of the alternate to serve in his or her stead could
include, but are not limited to, conflicts of interest, appearances
of impropriety, illness, vacation (short term or extended), work commitments,
family obligations. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the
board. Such designation shall be entered into the minutes of the initial
Planning Board meeting or Zoning Board of Appeals meeting during which
the substitution is made.
D.
All
Planning Board members and Zoning Board of Appeals members regularly
appointed by the Town Board shall attend a minimum of 75% of all meetings
unless excused for valid reasons by the Chairperson. Failure to attend
such 75% of all meetings shall subject that member to the Town Board's
discretion in continuing membership on the Board or reappointing the
member. To remove a member for failure to attend, the Town Board must
have a positive vote of four members in favor of the removal. The
same criteria shall be utilized for alternate members of the Boards.
An alternate member must attend at least 75% of meetings to which
he or she has been designated to sit on the Board due to absence or
inability to vote of a regular Board member and is subject to removal
in the same manner as a regular Board member.
E.
All
provisions of state law relating to the Planning Board or the Zoning
Board of Appeals member eligibility, vacancy in office, removal, compatibility
of office and service on other boards, as well as any provisions of
a local law/local ordinance relating to training, continuing education,
compensation and attendance, shall also apply to alternate members.
This article is hereby adopted pursuant to the provisions of
§ 10 of the Municipal Home Rule Law and § 10 of
the Statute of Local Governments. It is the intent of the Town Board,
pursuant to § 10 of the Municipal Home Rule Law, to supersede
the provisions of:
A.
This
article shall be deemed to supersede and repeal any other local laws,
ordinances or resolutions to the extent therein inconsistent herewith.
B.
If
any part of the article shall be judicially declared to be invalid,
void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration, and this article shall remain
in full force and effect as if the invalidated portion had not been
enacted.
C.
Nothing
herein shall be deemed to be a waiver or restriction upon any rights
and powers available to the Town of Lloyd to further regulate the
subject matter of this article.
